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Post Marriage Prenup Template for Indonesia

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Key Requirements PROMPT example:

Post Marriage Prenup

"I need a Post Marriage Prenup to be drafted by March 2025 that will establish separate ownership of my newly inherited family business while maintaining joint ownership of our marital home and other existing assets."

Document background
The Post Marriage Prenup is a specialized legal instrument in Indonesian family law that enables married couples to establish or modify their property rights and financial arrangements after marriage. This document type gained legal recognition through Constitutional Court Decision No. 69/PUU-XIII/2015, addressing the previous limitation that only allowed prenuptial agreements before marriage. It is particularly relevant for couples who experience significant changes in their financial situation after marriage, acquire substantial assets, start businesses, or need to protect their interests due to changed circumstances. The agreement must comply with Indonesian civil law, religious law considerations where applicable, and requires proper notarization and registration. It typically includes comprehensive provisions for asset division, financial responsibilities, business interests, and future property acquisitions, making it essential for proper financial planning and asset protection within marriage.
Suggested Sections

1. Parties: Identification of both spouses, including their full legal names, places of residence, and marriage certificate details

2. Background: Context of the marriage, reason for creating a post-marriage prenup, and reference to relevant legal framework including Constitutional Court Decision No. 69/PUU-XIII/2015

3. Definitions: Definitions of key terms used throughout the agreement, including types of property, assets, and other relevant terminology

4. Declaration of Existing Marriage: Formal acknowledgment of the existing marriage, including date and place of marriage registration

5. Separation of Property: Detailed provisions regarding the separation of existing and future assets, including the classification of separate and joint property

6. Financial Obligations: Distribution of financial responsibilities, including debt obligations and household expenses

7. Property Management: Rules for managing separate and joint properties, including decision-making processes and required consents

8. Future Acquisitions: Treatment of future assets, inheritances, and income acquired after this agreement

9. Dispute Resolution: Procedures for resolving any disputes arising from the agreement

10. Governing Law: Specification of Indonesian law as governing law and relevant jurisdictional matters

11. Amendment Provisions: Procedures for modifying the agreement in the future

12. Execution Requirements: Requirements for the agreement to take effect, including registration with relevant authorities

Optional Sections

1. Business Ownership: Required when either spouse owns business interests, detailing management and profit-sharing arrangements

2. Intellectual Property Rights: Needed when either spouse has significant intellectual property assets

3. Children's Provisions: Required when there are children from the marriage or previous marriages, addressing financial responsibilities

4. Religious Law Compliance: Necessary for Muslim couples or those requiring compliance with specific religious laws

5. Foreign Assets: Required when either spouse owns assets in other countries

6. Inheritance Rights: Optional section detailing how inheritance received during marriage will be treated

7. Insurance and Benefits: Required when specifying arrangements for life insurance, health insurance, or other benefits

Suggested Schedules

1. Schedule A - Existing Assets Inventory: Comprehensive list of all assets owned by both parties at the time of agreement

2. Schedule B - Existing Liabilities Inventory: List of all current debts and financial obligations of both parties

3. Schedule C - Business Assets: Detailed inventory of business interests and their agreed treatment

4. Schedule D - Property Certificates: Copies of property certificates and ownership documents

5. Appendix 1 - Marriage Certificate: Copy of the official marriage certificate

6. Appendix 2 - Asset Valuations: Professional valuations of significant assets

7. Appendix 3 - Required Legal Declarations: Any statutory declarations required under Indonesian law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Family Law Attorney

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